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2014 Supreme(HP) 2065

RAJIV SHARMA
Rudra Dutt – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Rajnish K. Lal, Advocates
For the Respondent:Parmod Thakur, Addl. Advocate General, Advocates

JUDGMENT :

Rajiv Sharma, J.

This Regular Second Appeal is directed against the judgment and decree dated 19.5.2001, rendered by learned District Judge, Solan, in Civil Appeal No. 66 of 2000.

2. Pertinent facts necessary for the adjudication of this regular second appeal are that the appellant/plaintiff (hereinafter referred to as the "plaintiff" for the sake of convenience) filed a suit for declaration to the effect that he was co-owner in possession along with proforma respondents/proforma defendants (hereinafter referred to as the "proforma defendants" for the sake of convenience) to the extent of 2/3rd share in the total land measuring 8-9 bighas. The proforma defendants were also co-owners to the extent of 1/3rd share out of total land measuring 8-9 bighas comprised in Khata/Khatauni No. 25 min/43, Khasra Nos. 39 min, 121, 369/302 min, Kita 3, situated in Mauja Shaloomana, Tehsil and District Solan, H.P.. According to the plaintiff, mutation No. 289, dated 25.8.1975, whereby respondent/defendant-State (hereinafter referred to as the "defendant-State" for the sake of convenience) was shown as owner of the suit land, was illegal and inoperative. The plaintiff also prayed for consequ

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